O. Reg. 374/25: GENERAL, RETIREMENT HOMES ACT, 2010
ontario regulation 374/25
made under the
Retirement Homes Act, 2010
Made: December 11, 2025
Filed: December 17, 2025
Published on e-Laws: December 17, 2025
Published in The Ontario Gazette: January 3, 2026
Amending O. Reg. 166/11
(GENERAL)
1. Paragraphs 1 to 3 of subsection 2 (1) of Ontario Regulation 166/11 are revoked and the following substituted:
1. Any service that a physician provides while engaging in the practice of medicine.
2. Any service that a nurse provides while engaging in the practice of nursing.
3. Any service that a pharmacy professional provides while engaging in the practice of pharmacy.
2. Subsection 4 (1) of the Regulation is amended by adding the following definitions:
“exempted out of province health professional” means any person, other than an out of province physician assistant, who is exempted by a regulation made under a health profession Act from,
(a) a provision in that Act that restricts the use of a title, and
(b) a provision in that Act that prohibits the person from holding themselves out as qualified to practise in the applicable health profession; (“professionnel de la santé exempté hors province”)
“health profession Act” has the same meaning as in the Regulated Health Professions Act, 1991; (“loi sur une profession de la santé”)
“nurse” means a member of the College of Nurses of Ontario or an out of province nurse; (“infirmière ou infirmier”)
“out of province nurse” means a person who is exempted from subsections 11 (1) and (5) of the Nursing Act, 1991 by a regulation made under that Act; (“infirmière ou infirmier hors province”)
“out of province occupational therapist” means a person who is exempted from subsections 7 (1) and (2) of the Occupational Therapy Act, 1991 by a regulation made under that Act; (“ergothérapeute hors province”)
“out of province pharmacy professional” means a person who is exempted from subsections 10 (1) and (2) of the Pharmacy Act, 1991; (“professionnel en pharmacie hors province”)
“out of province physician” means a person who is exempted from subsections 9 (1) and (3) of the Medicine Act, 1991 by a regulation made under that Act and who holds the equivalent of a certificate of registration authorizing independent practice in Ontario; (“médecin hors province”)
“out of province physician assistant” means a person who is exempted from subsections 9 (1) and (3) of the Medicine Act, 1991 by a regulation made under that Act and who holds the equivalent of a certificate of registration authorizing practice as a physician assistant in Ontario; (“adjoint au médecin hors province”)
“out of province physiotherapist” means a person who is exempted from subsections 8 (1) and (2) of the Physiotherapy Act, 1991 by a regulation made under that Act; (“physiothérapeute hors province”)
“out of province registered nurse in the extended class” means a person who is exempted from subsections 11 (1) and (5) of the Nursing Act, 1991 by a regulation made under that Act and who holds the equivalent of a certificate of registration in the extended class for registered nurses in Ontario; (“infirmière autorisée ou infirmier autorisé de la catégorie supérieure hors province”)
“pharmacy professional” means a member of the Ontario College of Pharmacists or an out of province pharmacy professional; (“professionnel en pharmacie”)
“physician” means a member of the College of Physicians and Surgeons of Ontario or an out of province physician; (“médecin”)
“registered nurse in the extended class” means a member of the College of Nurses of Ontario who is a registered nurse and who holds an extended certificate of registration under the Nursing Act, 1991 or an out of province registered nurse in the extended class; (“infirmière autorisée ou infirmier autorisé de la catégorie supérieure”)
3. Section 13 of the Regulation is amended by adding the following subsection:
(7) For greater certainty, subsection (6) does not exempt out of province physicians, out of province nurses and out of province pharmacy professionals from the application of section 64 of the Act and of subsections (1) to (5) of this section.
4. Section 28 of the Regulation is revoked and the following substituted:
Certificate of registration required
28. If the licensee of a retirement home or the staff of the home provide a care service described in the provision of this Regulation set out in Column 1 of the following Table to a resident of the home, the licensee shall ensure that all individuals involved in providing that service either,
(a) have the appropriate and current certificate of registration with the College set out opposite it in Column 2; or
(b) are an exempted out of province health professional set out opposite it in Column 3.
Table
Certificate of Registration REquired
| Column 1 | Column 2 | Column 3 |
| Paragraph 1 of subsection 2 (1) | College of Physicians and Surgeons of Ontario | Out of province physician |
| Paragraph 2 of subsection 2 (1) | College of Nurses of Ontario | Out of province nurse |
| Paragraph 3 of subsection 2 (1) | Ontario College of Pharmacists | Out of province pharmacy professional |
5. (1) Clause 29 (a) of the Regulation is revoked and the following substituted:
(a) no drug is administered by the licensee or the staff to the resident in the home unless the drug has been prescribed for the resident by a person who is,
(i) authorized to prescribe a drug under section 27 of the Regulated Health Professions Act, 1991, or
(ii) an exempted out of province health professional who is exempt from subsection 27 (1) of the Regulated Health Professions Act, 1991 in respect of prescribing a drug;
(2) Clause 29 (d) of the Regulation is revoked and the following substituted:
(d) a member of a College, as defined in the Regulated Health Professions Act, 1991, or an exempted out of province health professional supervises the administration of the drug or other substance to the resident in the home;
6. Clause 32 (b) of the Regulation is revoked and the following substituted:
(b) if a drug is administered, there is written evidence that the drug was prescribed for the resident by a person who is,
(i) authorized to prescribe a drug under section 27 of the Regulated Health Professions Act, 1991, or
(ii) an exempted out of province health professional who is exempt from subsection 27 (1) of the Regulated Health Professions Act, 1991 in respect of prescribing a drug; and
7. Subsection 41 (4) of the Regulation is revoked and the following substituted:
(4) The program shall be supervised by,
(a) a member of a College, as defined in the Regulated Health Professions Act, 1991, with specific training in dementia care and care of older adults; or
(b) an exempted out of province health professional with specific training in dementia care and care of older adults.
8. (1) Subsection 42 (4) of the Regulation is revoked and the following substituted:
(4) If a resident who receives care under the program is at risk of altered skin integrity, the licensee shall ensure that the resident promptly receives a skin assessment by,
(a) a member of a College, as defined in the Regulated Health Professions Act, 1991, who has adequate training in skin and wound care; or
(b) an exempted out of province health professional who has adequate training in skin and wound care.
(2) Subsections 42 (6) and (7) of the Regulation are revoked and the following substituted:
(6) If a resident who receives care under the program is exhibiting altered skin integrity, the licensee shall ensure that the resident immediately receives the required treatments and interventions under the supervision of a physician or nurse.
(7) If a resident who does not receive care under the program is exhibiting altered skin integrity and the licensee or staff of the home are aware or ought to be aware of the resident’s altered skin integrity, the licensee shall ensure that the resident and the resident’s substitute decision-makers, if any, are immediately informed about the risk of harm to the resident and the options for obtaining the required treatments and interventions under the supervision of a physician or nurse.
9. Clause 44 (3) (a) of the Regulation is revoked and the following substituted:
(a) conducted by a member of a College, as defined in the Regulated Health Professions Act, 1991, or by an exempted out of province health professional; and
10. Clauses 45 (a) and (b) of the Regulation are revoked and the following substituted:
(a) the licensee, a staff member in a retirement home, a member of a College as defined in the Regulated Health Professions Act, 1991 or an exempted out of province health professional conducts an initial assessment of the resident in accordance with that section not more than 30 days before the resident commences residency;
(b) the licensee, a staff member in a retirement home, a member of a College as defined in the Regulated Health Professions Act, 1991 or an exempted out of province health professional conducts a full assessment of the resident in accordance with that section not more than 30 days before the resident commences residency; or
11. Section 46 of the Regulation is revoked and the following substituted:
Exception, full assessment
46. A licensee is exempt from the requirement in section 44 to conduct a full assessment if the licensee, a staff member in a retirement home, a member of a College as defined in the Regulated Health Professions Act, 1991 or an exempted out of province health professional conducts a full assessment of the resident in accordance with that section not more than 30 days before the resident commences residency.
12. Section 48 of the Regulation is revoked and the following substituted:
Approval of the plan of care
48. (1) For the purposes of paragraph 2 of subsection 62 (9) of the Act and subject to subsection (2) of this section, the licensee shall ensure that a resident’s plan of care is approved by,
(a) a physician or nurse; or
(b) a person acting under the supervision of a physician or nurse.
(2) For the purposes of paragraph 2 of subsection 62 (9) of the Act, if an assessment of a resident indicates that the resident’s care needs may include dementia care, skin and wound care or the use of a personal assistance services device, the licensee shall ensure that the resident’s plan of care is approved by a physician or nurse.
13. Section 52 of the Regulation is amended by adding the following subsection:
(3) The following are prescribed for the purposes of subclause 69 (2) (c) (v) of the Act as persons who may approve the use of a personal assistance services device:
1. An out of province nurse.
2. An out of province occupational therapist.
3. An out of province physiotherapist.
14. (1) Paragraph 1 of subsection 53 (1) of the Regulation is revoked and the following substituted:
1. A physician or nurse has ordered the use of the device.
(2) Clause 53 (2) (b) of the Regulation is revoked and the following substituted:
(b) the resident’s condition is reassessed by only a physician or nurse at least every 15 minutes and at any other time when reassessment is necessary based on the resident’s condition or circumstances.
Commencement
15. This Regulation comes into force on the later of January 1, 2026 and the day this Regulation is filed.
